2006-09-14-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals September 14, 2006 Present: Chairman — Judith J. Uhrig, Nyles Barnert, Maura Sheehan, Arthur Smith and John McWeeney David George, the new Zoning Administrator was introduced. Petition Address: 20 Cliffe Avenue The relief sought is for a Variance from Section 135 -3528A and a Special Permit form 135 -29A to allow a dormer to the second and a half story of a condominium. The Chairman opened the hearing at 7:45 PM by reading the legal notice and described information received from the petitioner relative to the petition. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Zoning Administrator, Planning Board and Development Review Team. The Building Inspector commented that a variance would be needed if for expansion of a non - conforming use. The Planning Department had three comments: 1) when addition was done in 1996 the ZBA granted a variance to increase the net floor area. 2) Driveway and parking area were in violation in 1998 — Has this situation been rectified? 3) Verify setback of dormer to be at least 30 -feet from the road or a special permit is required. Marcy Milhomme, owner of the property, presented the petition. They are looking to add a dormer to add a bathroom and a hallway to eliminate the present situation of having the only access to a bedroom thru another bedroom. She said she needed a Special Permit because of the front setback requirements. She also was seeking a Variance to expand a non - conforming 2 Family. Mr. Smith asked why was a Variance required and was told it was for adding square footage to a non - conforming use. Mrs. Sheehan inquired if the other condo owner was in agreement to the expansion - to which the petitioner replied yes. This property had come before the Board at an earlier date requesting to move its driveway to the right of the building onto Theresa Ave. This petition was denied. Subsequently, the owner(s) moved the drive and lawned it over the area putting all the parking on the public way on Theresa Ave. The Petitioner stated she was unaware of this. Mr. Barnert asked how far from the street was the new dormer and her answer was 26 feet.